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Brandon, Esq., Lawyer

Category: California Employment Law

Satisfied Customers: 1871

Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.

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My 22 year old daughter was required to take a fingerprint

Resolved Question:

My 22 year old daughter was required to take a fingerprint background check as terms of her employment. She did the fingerprint check and waited a month with no results, she then took another scan Monday and still no FBI results reported. The State of California report came back within hours, just not the FBI report. Her employer has also not been able to find out why. She will lose this job opportunity if we cant find out why this is happening. Every number we have tried to call has been of no help, DOJ only provides automated system that is of no help. Can you help or give us any advice?

First, let me say that I am terribly sorry to hear that your daughter is in this situation. The best thing she can do is to call the DOJ's 24 hour Automated Telephone service at(NNN) NNN-NNNN If you want to call for her, you definitely can, you will just need her date of birth and the 10-digit transaction dentifer (ATI) number that appears at the bottom of the DOG form requesting the fingerprint background check. If there is still a problem with the status of her fingerprints, she can request to have them manually process the fingerprint impressions. While this process may delay the normal 72 hour window, it should not have taken a month.

Employment-LawExpert :

When she has been doing this over the last month, what is she being told as to her status?

Customer: We have called the automated number many times, all the status i

Customer: the status is pending. she has no record, need to find a contact number of someone who can look into her fi

Customer: status

Employment-LawExpert :

Did she have her scan done by LiveScan or what it done by someone else?

Employment-LawExpert :

sorry meant to say was it done by someone else

Customer: Yes, last one was done by Anaheim police department

Employment-LawExpert :

So I have good news and I have bad news. The good news is that she is only required to have her fingerprints done two time. After two unsuccessful attempts to capture her prints, her suitability will be determined by the Department of Justice by using an alternate method of verification. Now for the bad news. If the recording continually states that the results are still in process, then the only remaining option is to keep contacting the Applicant Processing Program at(NNN) NNN-NNNNto get a status as to what is going on. If she is denied employment, she could have a cause of action, but absent this, all she can do is sit and wait.

Employment-LawExpert :

You mention that another scan was taken Monday. Given the fact that most scans do not come back within 72 hours, chances are she will get the results of her last scan by the end of business tomorrow.

Employment-LawExpert :

Was she told that she would loose this job opportunity on a particular date?

Customer: not

Employment-LawExpert :

Okay, then try to call the Applicant processing program and someone there will be able to tell you if the record was dropped or if it was not completely processed.

Employment-LawExpert :

As for why this has happened, there could be a number of different reasons. The most common are characteristics with the Applicant's fingerprints that makes them difficult to capture. This would include wear of the surface skin, cuts, cracks, scars, calluses and other skin conditions. Additionally, this could be occurring if her BCII 8016 form is incomplete or improperly filled out.

Customer: no, but time is running out for job opening. I will try the number but odds are it will put me into the automated system again. the prints where fine as noted by the fav

Employment-LawExpert :

If this is happening because of an error on the part of the technician and she looses her employment, then she would have a negligence claim against LiveScan.

Employment-LawExpert :

But again, my guess is that the automated system will tell you that everything is fine by the end of Monday (at the latest)

Customer: No but time is running out as the position needs to be filled. the california check came back right away so I do not think there was a problem with the prints, just the fbi part is not back. If we needed to hire a lawyer to look into this, what specilty should he/be be?

Employment-LawExpert :

You would want to find an employer who specialized in both personal injury and employment law. If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.

Employment-LawExpert :

You would want to find an attorney I meant to say.

Customer: NO but time is running out. If we have to hire a lawyer to look into this, what type of law would he/she practice? the prints themselves where good as the california check came back right away. i will call the number burt it will most likley put me into the automated system.

Employment-LawExpert :

In the upper right part of the search bar you would type in Personal Injury Employment Law California

Employment-LawExpert :

Then on the left hand side you would click on the town or county in which you live.

Employment-LawExpert :

This would narrow down your search

Employment-LawExpert :

As for the difference in time, California is much more efficient than the federal government. The federal search takes a minimum of 72 hours, and usually around one week (that is assuming everything went well)

Customer: thank you< i think the problem is with the DOJ not livescan . we will wait another day. thanks for the infomation.

Employment-LawExpert :

Not a problem. Have I fully answered your question today?

Customer: Yes the best you could hou

Customer: however the number you provided is not in service

Employment-LawExpert :

Hmm that is strange as that is the number listed. Try again to make sure that you did not mis-dial it:(NNN) NNN-NNNN If it still doesn't work call(NNN) NNN-NNNNand they should be able to tell you what the updated number for the Applicant Processing Program is.

Customer: I tried it 3 times. i will try the other number. thanks for the information.

Employment-LawExpert :

Not a problem. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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Has received a certificate of recognition from the California State Senate for his outstanding legal service.

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